A. The Plaintiff is the owner of Bupyeong-si E apartment and Gho Lake (hereinafter “Plaintiff-owned apartment”), and the Defendant is the owner and resident of Fho-ho, the upper floor of the same apartment (hereinafter “Defendant-owned apartment”).

B. On May 25, 2018, the Plaintiff confirmed the phenomenon that the wall’s upper part of the wall with the toilet entrance of the apartment owned by the Plaintiff (attached Form No. 1) and the ceiling part (attached Form No. 3) of the inner toilets (attached Form No. 3) of the wall are milched and contaminated, and notified the Defendant thereof.

Accordingly, on May 30, 2018, the Defendant discovered that there was a place that had been built in the toilet door frame of the apartment owned by the Defendant, and accepted the drain pipe of the toilet house in the Plaintiff-owned apartment.

C. Since then, when the Plaintiff filed a water leakage problem, the Defendant suspended the use of a toilet for the ward from July 2, 2018, and used it again from May 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 4 and 5 (including each number; hereinafter the same shall apply)

2. The parties' assertion and judgment

A. The Plaintiff’s assertion 1) as a claim for the prevention of disturbance and disturbance under Article 214 of the Civil Act against the Defendant, and (a) as a result of the defect in the apartment owned by the Defendant, the Plaintiff sought damages of KRW 2,243,00 in total property damages of KRW 1,243,00 and mental damages of KRW 1,00 in total, and KRW 2,243,00 in property damages of KRW 1,243,00,00 in the apartment owned by the Defendant, due to the defect of the apartment owned by the Defendant. (B) The Plaintiff’s claim for damages of KRW 1,243,00 in the apartment owned by the Defendant (or KRW 1,00,000 in the case of a remote area owned by the Defendant) since July 2, 2018 in which the Defendant had ceased to use the toilet, and there is still a defect in water supply in the apartment owned by the Defendant